Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) ------S. 13 (3) (a) Eviction of tenant Reconstruction of premises ¬Property m dispute very old and local authorities sanctioning plan for its reconstruction Concurrent findings on point being amply supported by evidence, no case, held, made out for re examining findings of three Courts below regarding requirements of construction having been proved. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) -- ---S. 13 (3) (a) read with Civil Procedure Code (V of 1908), S. 99¬Plea regarding provisions of Civil Procedure Code, 1908 being applicable to cases under Ordinance VI of 1959 Misconceived Provisions of Civil Procedure Code, 1908 even if supposed to be so applicable, plea, held, would be hit by S. 99 of such Code and order of eviction liable to be set aside only if failure to file separate application for ejectment in respect of each tenant of building shown to have caused prejudice to their case No prejudice shown to have been caused to tenants by filing a joint eviction application, plea, held, devoid of merit. [Prejudice]. Khadim Mohy ud Din and another v. Ch. Rehmat Ali Nagra and another P L D 1965 S C 459 ref. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) -- ---S. 13 (3) (a) Joint application Joinder of parties Technicalities of Civil Procedure Code, 1908 Not applicable to proceedings in rent cases Plea regarding separate applications having been filed against each tenant of building turning on technicalities about joinder of parties, held, liable to be rejected on such ground as well. [Joinder of parties]. (d) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) ----S. 13 (3) (a) read with Civil Procedure Code (V of 1908), S. 99¬Proposition regarding Rent Controller being bound to record evidence in manner followed by Courts constituted under Civil and Criminal Procedure Codes Does not by itself lead to conclusion regarding Rent Controllers being bound by technicalities of Civil Courts in matter of joinder of parties and of causes of action. [Joinder of parties Cause of action]. Malik Aman v. Haji Muhammad Tufail P L D 1976 Lah. 1446 distinguished. Hassan…

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